Legal Opinion

Indianapolis & Cincinnati Traction Co. v. Smith

Indiana Court of Appeals

Decided December 15, 1908No. 6,551PublishedCited by 1 opinion

Prom Superior Court of Marion Cpunty (72,280) ; Tin-son Garter, Judge. Action by George M. Smith against the Indianapolis & Cincinnati Traction Company. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtComstock, P. J.

Appellee recovered judgment against appellant for $125 for the killing of a horse,

*606The errors assigned and relied upon by appellants for a reversal are, the overruling of the demurrer for want of facts to the fourth paragraph of complaint, and appellant’s motion for a new trial.

1. Said paragraph, omitting formal and preliminary averments, is substantially as follows: On September 14, 1904, and before the construction by the defendant of its said roadway, the defendant and the plaintiff entered into a certain contract in writing, a copy of which is filed herewith and made a part hereof, marked…

2Cases cited4 opinions

  1. Hunt v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1887
  2. Chicago & Atlantic Railway Co. v. BarnesIndiana Supreme Court · 1888
  3. Chicago, Indianapolis & Louisville Railway Co. v. RamseyIndiana Supreme Court · 1907
  4. Pennsylvania Co. v. SpauldingIndiana Supreme Court · 1887

3Cited by1 opinion

  1. Terre Haute, Indianapolis & Eastern Traction Co. v. CombsIndiana Court of Appeals · 1918

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